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2014 Ecuador Evaluation Report on Drug Control MEM MULTILATERAL EVALUATION MECHANISM (MEM) INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION (CICAD) SECRETARIAT FOR MULTIDIMENSIONAL SECURITY (SMS) ORGANIZATION OF AMERICAN STATES (OAS)

MEM · Ecuador’s national drug authority is the National Council for the Control of Narcotic ... Ecuador does not implement programs for recovery support services nor does it monitor

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Page 1: MEM · Ecuador’s national drug authority is the National Council for the Control of Narcotic ... Ecuador does not implement programs for recovery support services nor does it monitor

2014

Ecuador Evaluation Report on Drug Control

MEMMULTILATERAL EVALUATION MECHANISM (MEM)

INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION (CICAD)

SECRETARIAT FOR MULTIDIMENSIONAL SECURITY (SMS)

ORGANIZATION OF AMERICAN STATES (OAS)

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EVALUATION REPORT ON DRUG CONTROL2014

Organization of American States (OAS)Secretariat for Multidimensional Security (SMS)

Inter-American Drug Abuse Control Commission (CICAD)

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OEA/Ser.L/XIV.2.56

CICAD/doc.2148/14 Add.13

Organization of American States

EVALUATION REPORT ON DRUG CONTROL2014

Organization of American States (OAS)Secretariat for Multidimensional Security (SMS)

Inter-American Drug Abuse Control Commission (CICAD)

Multilateral Evaluation Mechanism (MEM)

Ecuador

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ISBN 978-0-8270-6271-9

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PREFACE

Evaluation Report on Drug Control

EcuadorOrganization of American States

The Multilateral Evaluation Mechanism (MEM) is a diagnostic tool, designed by all member states of the Organization of American States (OAS), to periodically carry out comprehensive, multilateral evaluations on the implementation level of the Plan of Action of the Hemispheric Drug Strategy of member states of the Inter-American Drug Abuse Control Commission (CICAD). As part of the Secretariat of Multidimensional Security (SMS), CICAD is the OAS specialized agency responsible for the implementation of this Mechanism, pursuant to a mandate from the Second Summit of the Americas held in Santiago, Chile in 1998.

The MEM is not only an evaluation instrument, but has also become a valuable source of information on the progress achieved by the individual and collective efforts of the governments of OAS member states, thus strengthening hemispheric cooperation, promoting dialogue among governmental authorities of member states and precisely channeling assistance to areas requiring greater attention by optimizing resources. The MEM process in itself is assessed by the Intergovernmental Working Group (IWG) comprised of delegations from all member states, which meets before the onset of each evaluation round to review and strengthen all operational aspects of the mechanism.

The national evaluation reports for the Sixth Round collect the results of the level of implementation of the 27 recommendations, emanating from the Plan of Action 2011-2015 of the Hemispheric Drug Strategy 2010, and were drafted by experts in the different areas, assigned by each member state. Experts do not work on their own country’s report, guaranteeing the transparent, objective and multilateral nature of the MEM. Each chapter is based on countries’ responses to a survey covering the main thematic areas of the Hemispheric Drug Strategy: institutional strengthening, demand reduction, supply reduction1, control measures and international cooperation, as well as additional and updated information, provided by the government-appointed coordinating entities.

This report covers the country evaluation for the MEM Sixth Evaluation Round, which covers the 2013 to mid-2014 period. All MEM reports are available through the following webpage: http://www.cicad.oas.org.

1 In accordance with the CICAD Commissioner’s agreement at their fiftieth regular session (November 2011), the supply reduction chapter refers exclusively to the topic of illicit crops. For this reason, the CICAD Commissioners decided, at their fifty-fourth regular session (December 2013), that the recommendations in this chapter (11 to 15) would only be applied to those countries that have significant illicit crops.

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RECOMMENDATION 1ESTABLISH AND/OR STRENGTHEN NATIONAL DRUG AUTHORITIES, PLACING THEM AT A HIGH POLITICAL LEVEL, WITH THE MISSION TO COORDINATE THE EFFECTIVE PLANNING AND IMPLEMENTATION OF NATIONAL DRUG POLICIES. Evaluation: Complete

Ecuador’s national drug authority is the National Council for the Control of Narcotic and Psychotropic Substances (CONSEP), under the Attorney General’s Office. CONSEP has a legal basis and an independent budget. The national authority has an Executive Secretariat in charge of coordinating the formulation of national policy and the national drug prevention and control plan that covers the areas of demand reduction, supply reduction, control measures, information and statistics on drugs, supervision and evaluations of the execution of the programs and activities of the National Drug Prevention and Control Plan, and training of public servant and private entity personnel for the execution of the prevention and rehabilitation activities. The country has a coordination mechanism to carry out the effective planning and implementation of national drug policies.

INSTITUTIONAL STRENGTHENING

Organization of American States

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RECOMMENDATION 2DESIGN, IMPLEMENT, STRENGTHEN AND UPDATE NATIONAL EVIDENCE-BASED STRATEGIES AND POLICIES ON DRUGS. Evaluation: Mostly complete

Ecuador has the National Comprehensive Drug Prevention Plan 2012-2013, which covers the areas of demand reduction, supply reduction, control measures and international cooperation. The relevant actors are involved in the designing, drafting and execution of the National Plan. The Plan has a monitoring and evaluation framework.

Ecuador has not carried out activities to update its drug policies, plans and programs based on its evaluation of the National Plan.

INSTITUTIONAL STRENGTHENING

Organization of American States

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RECOMMENDATION 3ESTABLISH AND/OR STRENGTHEN NATIONAL OBSERVATORIES ON DRUGS OR SIMILAR TECHNICAL OFFICES TO DEVELOP NATIONAL DRUG INFORMATION SYSTEMS AND FOSTER SCIENTIFIC RESEARCH ON THIS SUBJECT. Evaluation: Complete

Ecuador has a National Observatory on Drugs. The country has all the priority studies on demand reduction and has all of the priority information on supply reduction. The country carried out a study on the economic and social costs of drugs. Drug demand and supply reduction information is disseminated to all relevant parties.

INSTITUTIONAL STRENGTHENING

Organization of American States

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RECOMMENDATION 4DEVELOP AND IMPLEMENT COMPREHENSIVE DEMAND REDUCTION POLICIES, PLANS AND/OR PROGRAMS. Evaluation: Mostly complete

Ecuador has demand reduction programs in the areas of prevention, early intervention, treatment and rehabilitation and social reinsertion. These demand reduction plans and programs have been designed using available evidence, technical guidelines and recommendations from well-known organizations; information on studies related to demand, and information on the extent of and trends in drug use in the population. The country monitors the implementation of its prevention and social reinsertion programs. Updates to the treatment and rehabilitation programs are based on the outcomes of the evaluations. Demand reduction programs include a gender perspective, and a multi-sectoral approach was adopted with the participation of the different sectors of the population.

Ecuador does not implement programs for recovery support services nor does it monitor early intervention, treatment and rehabilitation. The country does not evaluate prevention or social reinsertion programs.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATION 5DESIGN AND IMPLEMENT A COMPREHENSIVE SYSTEM OF EVIDENCE-BASED UNIVERSAL, SELECTIVE, AND INDICATED PREVENTION PROGRAMS, WITH MEASURABLE OBJECTIVES, AIMED AT DISTINCT TARGET POPULATIONS, INCLUDING AT-RISK GROUPS. Evaluation: Mostly complete

Ecuador has universal, selective and indicated prevention programs addressing drug use, and are based on distinct population groups. The selective and indicated prevention programs vary according to the presence of risk factors.

Ecuador does not have a comprehensive prevention system.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATION 6PROMOTE THE INTEGRATION OF TREATMENT AND RECOVERY PLANS AND PROGRAMS INTO THE PUBLIC HEALTH SYSTEM AND ADDRESS DRUG DEPENDENCE AS A CHRONIC, RELAPSING DISEASE. Evaluation: Mostly complete

Ecuador has a network of public health system facilities responsible for health needs within its territory. These facilities carry out drug use screening, have screening instruments in place for early detection of drug use and systematically refer persons affected by drug use to treatment. The public health system, private institutions and non-governmental organizations (NGOs) provide outpatient and residential treatment, aftercare, rehabilitation and recovery support services. The country has two strategies for accrediting its drug treatment centers. The public health system facilities coordinate with other sectors that offer treatment and rehabilitation services for people affected by drug use.

Ecuador does not offer guidance or brief intervention when drug use has been detected. The public health system does not have monitoring systems for its treatment and rehabilitation programs.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATION 7FACILITATE ACCESS FOR DRUG-DEPENDENT PERSONS TO A SYSTEM OF DRUG TREATMENT, REHABILITATION, SOCIAL REINSERTION, AND RECOVERY SERVICES THAT ARE EVIDENCE-BASED AND FOLLOW INTERNATIONALLY-ACCEPTED QUALITY STANDARDS. Evaluation: Complete

Ecuador takes action to facilitate access to treatment, rehabilitation, and social reinsertion for the various population groups affected by drug use. Treatment and rehabilitation and social reinsertion interventions are tailored to the population profiles being served.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATION 8EXPLORE THE MEANS OF OFFERING TREATMENT, REHABILITATION, SOCIAL REINSERTION AND RECOVERY SUPPORT SERVICES TO DRUG-DEPENDENT CRIMINAL OFFENDERS AS AN ALTERNATIVE TO CRIMINAL PROSECUTION OR IMPRISONMENT. Evaluation: Partially complete

Ecuador has provisions whereby a court judge can suspend the judicial proceedings for a person suspected of having committed a crime related to drug use, and recommend that the individual receive medical or psychological treatment.

Ecuador does not have national legislation or administrative guidelines to create and provide for alternatives to incarceration for drug dependent criminal offenders. The country has no standard operating procedures and no monitoring or evaluations for alternatives to incarceration.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATION 9STRENGTHEN GOVERNMENTAL RELATIONSHIPS WITH ACADEMIC AND RESEARCH INSTITUTIONS AND SPECIALIZED NON-GOVERNMENTAL ORGANIZATIONS (NGOs), IN ORDER TO GENERATE EVIDENCE ON THE DEMAND FOR DRUGS. Evaluation: Complete

Ecuador has a national drug authority which maintains cooperative relationships with academic and research institutions and relevant civil society organizations dealing with drug demand reduction related issues. The information produced by academic and research institutions and civil society organizations is used to develop demand reduction policies, plans and programs. The country works with the relevant national institutions to increase their capacity to regularly collect data and produce reports on trends in drug use.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATION 10PROMOTE AND STRENGTHEN TRAINING AND CONTINUING EDUCATION OF PROFESSIONALS, TECHNICIANS AND OTHERS INVOLVED IN THE IMPLEMENTATION OF DEMAND REDUCTION ACTIVITIES. Evaluation: Partially complete

Ecuador has introductory training programs on all aspects of drug demand reduction geared to personnel involved in implementing activities in this area. The country offers to its technical and professional experts advanced training programs in demand reduction at the regional or international level.

Ecuador does not offer continuing education on all aspects of demand reduction to personnel involved in conducting activities in this area. Training programs at the certificate, diploma, undergraduate and graduate levels are not offered to personnel. Ecuador does not conduct regular monitoring or evaluations to ensure that training in drug demand reduction meets the country’s need for personnel in this field.

DEMAND REDUCTION

Organization of American States

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RECOMMENDATIONS 11–15 Evaluation: Not applied

In consideration of Ecuador’s situation, CICAD agreed not to apply any category from the evaluation scale to the following recommendations, given that the country does not have significant illicit crop areas: RECOMMENDATION 11: ADOPT AND/OR IMPROVE COMPREHENSIVE AND BALANCED MEASURES AIMED AT REDUCING THE ILLICIT SUPPLY OF DRUGS.

RECOMMENDATION 12: ADOPT AND/OR IMPROVE DATA COLLECTION AND ANALYSIS MECHANISMS WITH A VIEW TO CARRYING OUT ASSESSMENTS THAT WILL FACILITATE THE DEVELOPMENT OF PUBLIC POLICIES AIMED AT THE REDUCTION OF THE ILLICIT SUPPLY OF DRUGS.

RECOMMENDATION 13: PROMOTE STUDIES AND RESEARCH THAT CONTRIBUTE TO THE EARLY IDENTIFICATION AND MONITORING OF NEW AND EMERGING TRENDS THAT COULD PROVIDE UPDATED INFORMATION ON THE ILLICIT SUPPLY OF DRUGS.

RECOMMENDATION 14: ACCORDING TO THE NEEDS OF EACH COUNTRY, ADOPT COMPREHENSIVE MEASURES, SUCH AS INTEGRAL AND SUSTAINABLE ALTERNATIVE DEVELOPMENT AND LAW ENFORCEMENT INITIATIVES.

RECOMMENDATION 15: PROMOTE ACTIONS TO REDUCE THE NEGATIVE IMPACT ON THE ENVIRONMENT CAUSED BY THE WORLD DRUG PROBLEM, IN ACCORDANCE WITH NATIONAL POLICIES.

SUPPLY REDUCTION

Organization of American States

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RECOMMENDATION 16IMPLEMENT PROGRAMS TO PREVENT AND REDUCE THE ILLICIT PRODUCTION OF PLANT-BASED AND SYNTHETIC DRUGS. Evaluation: Partially complete

Ecuador implements and participates in ongoing training programs on the detection and dismantling of laboratories for the illicit manufacturing of plant-based and synthetic drugs, for agents responsible for carrying out control activities. Such laboratories have not been found in the country. Ecuador does not have mechanisms for the detection of laboratories for the illicit manufacturing of plant-based or synthetic drugs, nor does it design or implement protocols for their dismantling.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 17ADOPT OR STRENGTHEN CONTROL MEASURES IN ORDER TO PREVENT THE DIVERSION OF CONTROLLED CHEMICAL SUBSTANCES TOWARDS ILLICIT ACTIVITIES. Evaluation: Complete

Ecuador has legislation in accordance with the terms of Articles 3 and 12 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988. The country has regulations for the control of controlled chemical substances involved in international trade and cooperation with other States and has legislation to regulate the manufacturing and internal distribution channels for controlled chemical substances. The country has an updated register of all individuals and corporations handling these substances, and, through licensing, controls manufacturers and distributors, in order to monitor the production and use of the substances manufactured or distributed. There are regular inspections or audits of the establishments authorized to handle controlled chemical substances, and administrative and civil penalties are issued for infractions or violations by those who handle these controlled substances. The country has a competent authority with the powers necessary to coordinate actions to control the diversion of chemical precursors. Ecuador has mechanisms for the timely issuance of pre-export notifications for controlled substances to other States and to respond to those sent by other countries.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 18ADOPT OR STRENGTHEN CONTROL MEASURES TO PREVENT THE DIVERSION OF NARCOTICS, PSYCHOTROPIC SUBSTANCES, PHARMACEUTICAL PRODUCTS WITH PSYCHOACTIVE PROPERTIES AND THOSE USED IN THE PRODUCTION OF SYNTHETIC DRUGS. Evaluation: Mostly complete

Ecuador has legislation for the control of narcotic drugs, psychotropic substances and preparations containing them, which enables the country to implement the mechanisms provided for in the United Nations Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the United Nations Convention on Psychotropic Substances of 1971. The country has national authorities that coordinate implementation of the control mechanisms provided for in the aforementioned conventions to ensure the availability of narcotic drugs, psychotropic substances and preparations containing them for medical and scientific purposes and to prevent their diversion to illicit activities. In addition, administrative and civil penalties and fines are applied when there are infractions or violations of the regulations governing the work of medical professionals, professional managers, administrators or legal representatives of establishments that handle narcotics, psychotropic substances, and psychoactive pharmaceutical products.

Ecuador does not have mechanisms to estimate projected requirements for narcotic drugs.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 19ENSURE THE ADEQUATE AVAILABILITY OF NARCOTICS NEEDED FOR MEDICAL AND SCIENTIFIC USE. Evaluation: Started

Ecuador implements measures to ensure adequate availability of narcotic drugs and psychotropic substances for medical and scientific use, should impediments emerge. These measures are not based on periodic evaluations.

Ecuador does not conduct periodic evaluations of the availability of narcotics and psychotropic substances that include trends in the use of licit substances under international control for medical and scientific purposes, bearing in mind, inter alia, the recommendations of the World Health Organization (WHO).

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 20STRENGTHEN NATIONAL ORGANIZATIONS FOR THE CONTROL OF ILLICIT DRUG TRAFFICKING AND RELATED CRIMES. Evaluation: Mostly complete

Ecuador conducts periodic evaluations of the strengths and weaknesses of the entities responsible for the control of drug trafficking and related crimes. Ecuador offers and participates in ongoing training programs in the control of this area; has formal mechanisms for the exchange of information among the entities responsible for the control of drug trafficking and related crimes; and has laws and regulations that include provisions for the safe and final disposal of seized drugs. Legislation regarding interdiction and border controls provides an adequate framework for the prevention of drug trafficking by air, land and sea.

Ecuador does not have regular plans to address the prevention of drug trafficking.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 21IDENTIFY NEW TRENDS AND PATTERNS REGARDING ILLICIT DRUG TRAFFICKING AND RELATED CRIMES. Evaluation: Mostly complete

Ecuador conducts annual updated assessments on recent trends in drug trafficking and related crimes. These analyses address methods of trafficking, trends, number of cases, number of persons and statistics, and money laundering typologies. Case studies relating to money laundering are published on the web pages of the Financial Analysis Unit and of international organizations.

Ecuador does not update its legislation based on the identification of new trends in drug trafficking and related crimes.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 22PROMOTE IMPROVEMENTS IN INFORMATION SYSTEMS ON ILLICIT DRUG TRAFFICKING AND RELATED CRIMES. Evaluation: Mostly complete

Ecuador has a centralized national statistical information system on police operations related to drug trafficking.

Ecuador does not have an early warning system on new behaviors of criminal organizations involved in drug trafficking. The country does not conduct technical studies or research on drug trafficking and related crimes and does not implement or conduct drug characterization or impurity profiling studies, in accordance with priorities based on the specific situation of the drug trafficking problem in its territory.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 23ADOPT MEASURES FOR EFFECTIVE COOPERATION IN CRIMINAL INVESTIGATIONS, INVESTIGATION PROCEDURES, COLLECTION OF EVIDENCE, AND THE EXCHANGE OF INTELLIGENCE INFORMATION AMONG COUNTRIES, ASSURING DUE RESPECT FOR THE VARIOUS NATIONAL LEGAL SYSTEMS. Evaluation: Mostly complete

Ecuador has formal mechanisms for the secure and effective exchange of intelligence information in the investigation of cases of drug trafficking and related crimes. There are formal mechanisms for coordination and the exchange of information and best practices for the prevention, investigation and control of activities relating to drug trafficking via the Internet. The country also provides training workshops on the exchange of intelligence information in investigation of cases relating to this area and implements training activities on the use of special investigative techniques and handling the chain of custody for evidentiary materials in these cases.

Ecuador does not have regulatory frameworks or operational guidelines for the investigation of assets during drug trafficking cases.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 24ADOPT OR STRENGTHEN, AS APPLICABLE, CONTROL MEASURES FOR THE ILLICIT TRAFFICKING OF FIREARMS, AMMUNITION, EXPLOSIVES AND OTHER RELATED MATERIALS ASSOCIATED WITH ILLICIT DRUG TRAFFICKING. Evaluation: Mostly complete

Ecuador has criminalized the illicit manufacture of and trafficking in firearms, ammunition, explosives and other related materials. In order to prevent losses or diversion, the country takes the necessary measures to ensure the security of firearms, ammunition, explosives and other related materials that are imported, exported, or in transit. The appropriate marking of firearms is required, permitting the identification of the name of the manufacturer, the place of manufacture, and the serial number. The country also requires appropriate marking of any firearms confiscated or forfeited. The country maintains a system of export and import licenses for firearms, ammunition, explosives and other related materials. Ecuador has a national authority responsible for coordinating controls on the illicit manufacturing of and trafficking in firearms, ammunition, explosives and other related materials, which includes the measures provided for in Article 8 of the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials of 1997. In addition, there is a register of firearms, ammunition, explosives and other related materials seized in operations related to drug trafficking.

Ecuador does not maintain a system of licenses for the international transit of firearms, ammunition, explosives and other related materials.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 25ESTABLISH, UPDATE, OR STRENGTHEN LEGISLATIVE AND INSTITUTIONAL FRAMEWORKS IN MATTERS OF PREVENTION, DETECTION, INVESTIGATION, AND PROSECUTION OF MONEY LAUNDERING. Evaluation: Complete

Ecuador criminalizes money laundering in accordance with the terms of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 and the United Nations Convention against Transnational Organized Crime of 2000. The country has regulations for the prevention and control of money laundering that conform to the recommendations of the Financial Action Task Force (FATF); it also has a Financial Analysis Unit (FAU), in accordance with the operating principles of the EGMONT Group and the recommendations of the FATF on Financial Intelligence Units (FIU). Also, the country has regulations for the forfeiture of assets related to money laundering, including provisional measures for freezing and embargo to prevent the use, transfer, or disposal of said assets.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 26CREATE OR STRENGTHEN, IN ACCORDANCE WITH NATIONAL LEGISLATION, THE COMPETENT NATIONAL ORGANIZATIONS FOR THE MANAGEMENT OF SEIZED AND/OR FORFEITED ASSETS, AND THE DISPOSITION OF FORFEITED ASSETS. Evaluation: Complete

Ecuador has CONSEP’s National Bureau for the Administration of Assets in Custody, which is responsible for the secure, efficient and transparent management and safeguarding of assets seized under the Law on Narcotic Drugs and Psychotropic Substances and the Law to Prevent, Detect and Eradicate the Crime of Money Laundering and the Financing of Crime. Once assets have been forfeited, they are transferred to the Secretariat for the Management of Public Sector Property (INMOBILIAR) to determine their final disposal. The country has the Law on Assets Management and other regulations that determine the final use and disposal of forfeited assets. Ecuador conducts annual workshops on standardizing procedures for the proper management of the assets referred to in the laws cited above.

CONTROL MEASURES

Organization of American States

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RECOMMENDATION 27REAFFIRM THE PRINCIPLE OF COOPERATION CONTAINED IN INTERNATIONAL INSTRUMENTS TO ADDRESS THE WORLD DRUG PROBLEM, THROUGH ACTIONS TO ENSURE COMPLIANCE AND EFFECTIVENESS. Evaluation: Complete

Ecuador has ratified the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the United Nations Convention against Transnational Organized Crime of 2000, the Inter-American Convention on Mutual Assistance in Criminal Matters of 1992 and has designated central authorities, in accordance to said conventions. The country has legal provisions that permit extradition in cases of drug trafficking and money laundering, as well as provisions for the trial of individuals whose extradition for these crimes has been denied on the basis of nationality or territory. The country’s legislation permits the provision of reciprocal judicial assistance to third party States in investigations, trials and legal proceedings for drug trafficking and money laundering. The country has adopted measures to authorize the confiscation of proceeds derived from drug trafficking or of property of equivalent value, as well the materials, equipment and other instrumentalities used or destined for use in any form in the commission of a drug trafficking offense. The country has mechanisms for administrative cooperation with agencies and services in other states to investigate the identity, whereabouts, and activities of persons allegedly linked to drug trafficking; the movement of the proceeds of drug trafficking; and the movement of narcotics and psychotropic substances. Ecuador has laws and legal provisions that permit the use of controlled delivery for narcotics and psychotropic substances in order to identify persons implicated in the crime of drug trafficking. Communication mechanisms among relevant agencies and services are available in the country, in order to facilitate the rapid and secure exchange of information on all aspects of the acts criminalized in accordance with Paragraph 1, Article 3 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.

INTERNATIONAL COOPERATION

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The MEM Sixth Evaluation Round report reflects the country’s internal reality regarding the implementation of the Hemispheric Drug Strategy (2010) and its Plan of Action (2011-2015) from 2013 to mid-2014. CICAD recognizes that among the 27 common recommendations, Ecuador has completed eight, 10 mostly completed, three partially completed, one started and five do not apply.

In the area of Institutional Strengthening, Ecuador has a national drug authority under the Attorney General’s Office and has a national anti-drug strategy. Also, the country has a national observatory on drugs and has conducted all the priority demand reduction studies (3 of 3) and has all the priority supply reduction information (10 of 10).

In the area of Demand Reduction, Ecuador has demand reduction programs that include prevention, early intervention, treatment and rehabilitation and social reinsertion, but not recovery support services. The country monitors implementation of its prevention and social reinsertion programs, but not the early intervention or treatment and rehabilitation programs. It evaluates and updates only its treatment and rehabilitation programs. Ecuador has universal, selective and indicated prevention programs, but does not have a comprehensive prevention system. The public health system facilities conduct early detection screening of drug use and systematically refer patients to treatment, but do not offer guidance or brief intervention services. The public health system adopts a multisectoral approach to providing outpatient and residential treatment and rehabilitation, aftercare and recovery support services. Drug treatment centers have an accreditation process. Ecuador has begun to explore alternatives to incarceration for drug-dependent criminal offenders. Demand reduction policies, plans and programs have been developed with the support of academic and research institutions, and civil society organizations. The country offers demand reduction training to its personnel both regionally and internationally, but does not offer continuing education or certificate, diploma, degree or post-graduate programs.

In the area of Supply Reduction, CICAD agreed not to apply any category from the evaluation scale, given that Ecuador does not have significant illicit crop areas.

In the area of Control Measures, Ecuador implements and participates in ongoing training programs on the detection and dismantling of laboratories for the illicit manufacture of plant-based and synthetic drugs; however, it does not have protocols for their dismantling. The country has not detected any laboratories of this type.

CONCLUSIONS

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Regarding the control of controlled chemical substances, the country cooperates with other States, has legislation regulating the manufacture of and domestic distribution channels for controlled chemical substances, and has a relevant authority with the necessary powers to coordinate activities to control their diversion, but does not have mechanisms to estimate its projected need for narcotics. Ecuador implements measures to address impediments to ensuring adequate availability of narcotics and psychotropic substances for medical and scientific use, which are not based on regular evaluations; the country does not carry out regular evaluations that include trends in the use of licit substances subject to international control.

Ecuador has formal mechanisms for the exchange of information among the institutions responsible for the control of drug trafficking and related crimes, as well as for the secure and effective exchange of intelligence information in the investigation of cases related to this issue. The country offers and participates in ongoing training programs on drug trafficking and has a national system of consolidated statistics on police procedures related to this topic, as well as laws and regulations that include provisions for the safe and final disposal of seized drugs. Ecuador does not update its legislation based on the identification of new trends in drug trafficking and related crimes, and does not have an early warning system on new behaviors of criminal organizations in this area.

The legislation that criminalizes the illicit manufacture of and trafficking in firearms, ammunition, explosives and other related materials includes measures to prevent loss or diversion in the course of licit trade, and a national authority carries out those measures. The country has a register of such items seized in operations and activities related to drug trafficking; however, it does not maintain a licensing system for the international transit of firearms, ammunition, explosives and other related materials.

Ecuador has legislation that criminalizes money laundering, with regulations for its prevention and control, a Financial Intelligence Unit in line with international requirements in this area, and regulations for the seizure of assets related to money laundering. The country has an agency responsible for the management and disposal of assets seized and forfeited in connection with money laundering, which has guidelines for the appropriate management of those assets.

In the area of International Cooperation, Ecuador has ratified the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, the United Nations Convention against Transnational Organized Crime of 2000, the Inter-American Convention on Mutual Assistance in Criminal Matters of 1992 and

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has designated central authorities, in accordance to said conventions. The country has legal provisions to permit extradition for the crimes of illicit drug trafficking and money laundering. Also, the country has laws and legal provisions for reciprocal judicial assistance to third party States in investigations, trials, and legal proceedings for drug trafficking and money laundering. The country has laws and legal provisions that permit the use of controlled delivery of narcotic drugs and psychotropic substances in order to identify persons involved in the crime of drug trafficking.

CICAD recognizes Ecuador for its continued participation and commitment during the Sixth Evaluation Round of the MEM. In accordance with its national situation, the country is encouraged to fully implement the Plan of Action (2011-2015) of CICAD’s Hemispheric Drug Strategy (2010).

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INSTITUTIONAL STRENGTHENING

NO. RECOMMENDATION EVALUATION

1Establish and/or strengthen national drug authorities, placing them at a high political level, with the mission to coordinate the effective planning and implementation of national drug policies.

COMPLETE

2Design, implement, strengthen and update national evidence-based strategies and policies on drugs.

MOSTLY COMPLETE

3Establish and/or strengthen National Observatories on Drugs or similar technical offices to develop national drug information systems and foster scientific research on this subject.

COMPLETE

DEMAND REDUCTION

4Develop and implement comprehensive demand reduction policies, plans and/or programs.

MOSTLY COMPLETE

5

Design and implement a comprehensive system of evidence-based universal, selective, and indicated prevention programs, with measurable objectives, aimed at distinct target populations, including at-risk groups.

MOSTLY COMPLETE

6Promote the integration of treatment and recovery plans and programs into the public health system and address drug dependence as a chronic, relapsing disease.

MOSTLY COMPLETE

7

Facilitate access for drug-dependent persons to a system of drug treatment, rehabilitation, social reintegration, and recovery services that are evidence-based and follow internationally-accepted quality standards.

COMPLETE

8

Explore the means of offering treatment, rehabilitation, social reinsertion and recovery support services to drug-dependent criminal offenders as an alternative to criminal prosecution or imprisonment.

PARTIALLY COMPLETE

9

Strengthen governmental relationships with academic and research institutions and specialized non-governmental organizations (NGOs), in order to generate evidence on the demand for drugs.

COMPLETE

10Promote and strengthen training and continuing education of professionals, technicians and others involved in the implementation of demand reduction activities.

PARTIALLY COMPLETE

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SUMMARY OF THE STATUS OF COMPLIANCE WITH RECOMMENDATIONS

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SUPPLY REDUCTION

11Adopt and/or improve comprehensive and balanced measures aimed at reducing the illicit supply of drugs.

NOT APPLIED

12

Adopt and/or improve data collection and analysis mechanisms with a view to carrying out assessments that will facilitate the development of public policies aimed at illicit supply of drugs reduction.

NOT APPLIED

13Promote studies and research that contribute to the early identification and monitoring of new and emerging trends that could provide updated information on the illicit supply of drugs.

NOT APPLIED

14According to the needs of each country, adopt comprehensive measures, such as integral and sustainable alternative development and law enforcement initiatives.

NOT APPLIED

15Promote actions to reduce the negative impact on the environment caused by the world drug problem, in accordance with national policies.

NOT APPLIED

CONTROL MEASURES

16Implement programs to prevent and reduce the illicit production of synthetic and plant-based drugs.

PARTIALLY COMPLETE

17Adopt or strengthen control measures in order to prevent the diversion of controlled chemical substances towards illicit activities.

COMPLETE

18

Adopt or strengthen control measures to prevent the diversion of narcotics, psychotropic substances, pharmaceutical products with psychoactive properties and those used in the production of synthetic drugs.

MOSTLY COMPLETE

19Ensure the adequate availability of narcotics needed for medical and scientific use.

STARTED

20 Strengthen national organizations for the control of illicit drug trafficking and related crimes.

MOSTLY COMPLETE

21Identify new trends and patterns regarding illicit drug trafficking and related crimes.

MOSTLY COMPLETE

22 Promote improvements in information systems on illicit drug trafficking and related crimes.

MOSTLY COMPLETE

23

Adopt measures for effective cooperation in criminal investigations, investigation procedures, collection of evidence, and the exchange of intelligence information among countries, assuring due respect for the various national legal systems.

MOSTLY COMPLETE

24 Adopt or strengthen, as applicable, control measures for the illicit trafficking of firearms, munitions, explosives, and other related materials associated with illicit drug trafficking.

MOSTLY COMPLETE

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25Establish, update, or strengthen legislative and institutional frameworks in matters of prevention, detection, investigation, and prosecution of money laundering.

COMPLETE

26Create or strengthen, in accordance with national legislation, the competent national organizations for the management of seized and/or forfeited assets, and the disposition of forfeited assets.

COMPLETE

INTERNATIONAL COOPERATION

27Reaffirm the principle of cooperation contained in international instruments to address the world drug problem, through actions to ensure compliance and effectiveness.

COMPLETE

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I. INSTITUTIONAL STRENGTHENING

Relevant actors: includes civil society, scientific community, university based researchers, government at the national, regional and local levels.

II. DEMAND REDUCTION

Alternatives to incarceration: vary from jurisdiction to jurisdiction, but most involve suspension of the judicial process provided the offender volunteers to participate in a monitored drug treatment program.

Available evidence: use of information, from different sources, to support an effect with an adequate degree of confidence, so that it can be used as a basis for a particular recommendation. The quality of the information sources will indicate the level of confidence for the estimate of the effect.

Comprehensive (prevention) system: organizations and programs that provide addiction prevention services, and are interconnected with each other and with several organizations, programs and channels that provide support services.

Indicated prevention programs: a set of actions targeting persons who use drugs.

Public health system: Includes all organizations, institutions and resources whose principal objective is to carry out activities designed to improve health. The majority of national health systems include the public, private, traditional and informal sectors. The four primary functions of a health system include: provision of services, generation of resources, financing and management.

Selective prevention programs: a set of actions targeting a specific segment of the population, which, because of personal, social, family, or socio-cultural and related characteristics, is vulnerable to the diverse risk factors leading to drug use.

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GLOSSARY

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Social reinsertion: any social intervention with the aim of integrating former or current problem drug users into the community. The three ‘pillars’ of social reinsertion are (1) housing, (2) education and (3) employment (including vocational training). May also be referred to as “social re-integration.”

Universal prevention programs: a set of preventive actions targeting the entire population independent of risk.

III. SUPPLY REDUCTION

Regulatory framework: the set of established laws and regulations that governs the activities of the institutions responsible for the formulation, development and application of drug supply reduction policies and/or programs.

Risk factors: risk factors are those conditions that contribute to the emergence or strengthening of illicit activities and/or to the neutralization of law enforcement activities.

Social inclusion: a situation which ensures that all citizens, without exception, are able to exercise their rights, use their skills, and take advantage of opportunities available to them.

Vulnerable populations: those sectors or population groups that, due to poverty, ethnic origin, health, age, gender or disability, are unable to develop and improve their circumstances. This vulnerability places such persons at a disadvantage with regard to exercising their full rights and freedoms.

IV. CONTROL MEASURES

Drug characterization and impurity profiling: use of scientific laboratory information in support of law enforcement operation work, aimed at establishing links between drug samples. It consists of the systematic collection and sharing, in a standardized form, of physical and chemical information on a drug seizure, including the analysis and use of trace impurities to link different drug samples.

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ORGANIZATION OF AMERICAN STATES (OAS)

INTER-AMERICAN DRUG ABUSE CONTROL COMMISSION (CICAD)

1889 F STREET, NW

WASHINGTON, DC 20006

202.370.5000

WWW.CICAD.OAS.ORG